Patna High Court
Anil Agrawal @ Anil Kumar Gopalika @ Anil KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Anil Agrawal, was charged under sections 302, 379 and 34 of the Indian Penal Code for allegedly assaulting the husband of an informant, resulting in his death. The petitioner claimed innocence, stating that the FIR and subsequent police final report were contested by a protest petition that lacked specific allegations against him. He argued that the delay in his appearance was due to not receiving a summons and highlighted his clean criminal record, noting he had been in judicial custody since 29 January 2026. The State opposed the bail application. After hearing both sides, the Court found the protest petition to be general and not specific, and, considering the circumstances, ordered the petitioner to be released on regular bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite charges of murder, robbery and abetment under sections 302, 379 and 34 IPC.
- Whether the protest petition provides a specific allegation sufficient to justify continued detention.
- Whether the delay in surrendering to the court is justified by lack of summons.
Legislation cited
- Indian Penal Code — s. 302, 34, 379
Subjects
- regular bail
- IPC 302
- IPC 379
- IPC 34
- protest petition
- judicial custody
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21998 of 2026
Arising Out of PS. Case No.-911 Year-2009 Thana- PURNIA COMPLAINT CASE District-
Purnia
======================================================
Anil Agrawal @ Anil Kumar Gopalika @ Anil Kumar son of Late Mali Ram
Resident of village- Bhawanipur, Ps- Bhawanipur, Dist- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agarwal, Sr. Advocate
Mr. Kumar Rajdeep, Advocate
For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 302, 379 and
34 of the Indian Penal Code.
3. The case of the prosecution is that the petitioner
along with others has assaulted the husband of the informant with
lathi, danda and tengari due to which, he died.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that an FIR was filed
regarding this occurrence. After investigation, police submitted
final form. Against that final form, a protest was filed and learned
trial court has taken cognizance on the protest. This case is based
Patna High Court CR. MISC. No.21998 of 2026(2) dt.06-04-2026
2/2
on protest. Learned counsel has submitted that there is also a
counter version of this case and from both side, one person each
has died. From perusal of the Protest Petition, it is clear that the
nature of allegation is general and omnibus. There is no specific
allegation against the petitioner. He has further submitted that as
police has filed final form, the petitioner has no knowledge
regarding the summon, that is why, the delay has been occurred.
A statement has been made in para-3 of this petition that the
petitioner has got no criminal antecedent. Moreover, he is
languishing in judicial custody since 29.01.2026.
5. Learned APP appearing for the State has vehemently
opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Bhawanipur P.S. Case No. 99 of 2006 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned ACJM-I, Purnea.
(Ashok Kumar Pandey, J)
shubham/-
U T
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